Performance Issues related to hearing loss - accomodation or performance issue?
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An employee (cook) at a restaurant is hearing impaired (did not reveal this when hired); told supervisor of impairment and stated he was getting a hearing aid. although orders come in electronically, if there is a correction or change, they are given verbally; This cook has been making many mistakes on orders with verbal changes because the cook says/nods as if he understands the change to order, but then makes a mistake; this is repeatedly happening. It is not feasible for all order corrections to be written down, because some come from other cooks who are extremely busy and working n front of hot grill.
Is restaurant required to offer reasonable accomodation for this? If he is indicating that he understands the corrections, then makes mistakes, should this be treated as any other performance issue. He does not always wear his hearing aid. Please advise, thanks.
Comments
Some thoughts.....I would read through this : eeoc.gov/facts/deafness.html
Here's just a few small excerpts:
"...However, if an employer reasonably believes that an applicant with a known hearing impairment will need a reasonable accommodation to do the job, it may ask if an accommodation is needed and, if so, what type. In addition, the employer may ask the applicant to describe or demonstrate how s/he could perform the job with or without an accommodation.......
If an employer has a reasonable belief, based on objective evidence, that an employee’s medical condition is the cause of performance problems or may pose a direct threat to the employee or others, it may ask questions about the impairment or require a medical examination....
An employer that does not have a reasonable belief that an employee’s performance problems are related to a hearing impairment may not ask questions about the impairment, but instead should handle the situation in accordance with its policies generally applicable to poor performance......
An employer has a duty to provide a reasonable accommodation that is effective to remove the workplace barrier. An accommodation is effective if it will provide an individual with a disability with an equal employment opportunity to participate in the application process, attain the same level of performance as co-workers in the same position, and enjoy the benefits and privileges of employment available to all employees. Where two or more suggested accommodations are effective, primary consideration should be given to the individual’s preference, but the employer may choose the easier or less expensive one to provide....
An employer does not have to remove an essential job function (i.e., a fundamental job duty), lower production standards, or excuse violations of conduct rules that are job-related and consistent with business necessity, even where an employee claims that the disability caused the misconduct. Additionally, employers are not required to provide employees with personal use items, such as hearing aids or similar devices that are needed both on and off the job....
The ADA does not require employers to monitor an employee to ensure that he uses an assistive hearing device. Nor may an employer deny an individual with a hearing disability a reasonable accommodation because the employer believes that the individual has failed to take some measure that would improve his hearing. ... "